Commissions of Inquiry Act,1952
Act No : 60
Section :
Procedure to be followed by Commission.
8. Procedure to be followed by Commission. The Commission shall, subject to any rules that may be made in this behalf, have power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private) 3* * *. 4[8A. Inquiry not to be interrupted by reason of vacancy or change in the constitution of the Commission. (1) Where the Commission consists of two or more members, it may act notwithstanding the absence of the Chairman or any other member or any vacancy among its members. (2) Where during the course of an inquiry before a Commission, a change has taken place in the constitution of the Commission by reason of any vacancy having been filled or by any other reason, it shall not be necessary for the Commission to commence the inquiry afresh and the inquiry may be continued from the stage at which the change look place. ---------------------------------------------------------------------- 1 Ins. by Act 79 of 1971, s. 9. 2 Subs. by s. 10, ibid., for s. 7. 3 certain words omitted by s. 11, ibid, 4 Ins. by s. 12, ibid, 5. Subs. by act 19 of 1990, s. 3. ---------------------------------------------------------------------- 119B 8B. Persons likely to be prejudicially affected to be heard. If, at any stage of the inquiry, the Commission,-- (a) considers it necessary to inquire into the conduct of any person ; or (b) is of opinion that the reputation of any person is likely to be prejudicially affected by the inquiry, the Commission shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence: Provided that nothing in this section shall apply where the credit of a witness is being impeached. 8C. Right of cross-examination and representation by legal practitioner. The appropriate Government, every person referred to in section 8B and, with the permission of the Commission, any other person whose evidence is recorded by the Commission,- (a) may cross-examine a witness other than a witness produced by it or him ; (b) may address the Commission; and (c) may be represented before the Commission by a legal practitioner or, with the permission of the Commission, by any other person.]
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